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Disregard of Certain Income 400-28-65-15

(Revised 10/1/12 ML #3348)

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IM 5152

 

NDAC 75-02-01.3-07

 

 

Certain types of income are excluded in determining eligibility. The exclusion includes but is not limited to:

  1. Earned income of all children in the household through the month of their 19th birthday and provided that the child is not a caretaker under this program. School attendance has no bearing on the income being excluded
  1. Earned and unearned income of a Crossroad family
  1. Earned and unearned income of a TANF or Diversion family
  1. Any bonus, incentive payment, etc. that is not received every month
  1. Reimbursement for expenses incurred in connection with employment. Example: Air Force personnel who receive income that is to be used for uniforms, this is to be deducted from the normal pay
  1. Combat Pay - Any additional monies received by a household as the result of the deployment of a service member to a designated combat zone excluded.

To determine the amount of service member's income that will be disregarded, compare the amount received before deployment and the amount received after the deployment. The difference between the two amounts is the amount that will be disregarded.

Example: Dad was making $1,000 gross pay before deployment to a combat zone. He now is receiving $1,400. Disregard the additional $400.

Combat Zone Tax Exclusion Areas - Executive Order 12744 (effective January 17, 1991)

Arabian Sea Portion that lies North of 10 degrees North Latitude and West of 68 degrees East Longitude:

Direct Support of EO 12744

Executive Order 13239 (effective September 19, 2001

Direct Support of EO 13239

Executive Order 13119 (effective March 24, 1999)

Public Law 105-21 Establishing Kosovo as Qualified Hazardous Duty Area (March 24, 1999)

Public Law 104-117 Establishing a Qualified Hazardous Duty Area (November 1995)

  1. Reimbursement for work related expenses incurred which do not represent a gain or benefit to the household (medical expenses, per diem, travel and lodging)
  1. Flex Comp income paid to the family - Employee may have a regular deduction from the gross income set aside in a special account, from which the employee can later receive reimbursement for certain expenses. Child Care Assistance Program (CCAP) must use the gross income before the Flex Comp deduction is made.
  1. Income tax refunds and Earned Income Tax Credits (EITC)

Note: Advance EITC payments are excluded as income. CCAP uses the gross income to determine CCAP eligibility and benefits. Since the AEITC does not change the amount of the gross pay, it is disregarded.

  1. Earnings from on-the-job training Summer Youth Employment and Training Program provided by Workforce Investment Act (WIA) Public Law 97-300
  1. Wages received as the result of participation in Experience Works (previously known as Green Thumb Program), Vista, and the Foster Grandparent Program
  1. Fund raising for a family when the family does not directly receive the monies
  1. Irregular cash gift
  1. Irregular income from sale of craft items, rummage sales, etc.
  1. Loans that require repayment - This loan must be verified, (i.e. a written agreement between the parties must have been executed at the time the loan was agreed upon)
  1. Education loans, financial aid, scholarships, stipends (such as ones through United Tribes Technical College) and funds from the John H. Chafee Foster Care Independence Program) or grants from all sources; whether for under-graduate or graduate student, fellowship or gift or portion of a gift used to pay the costs of caretaker’s tuition and fees at any educational institution, vocational rehabilitation payments

Note: These funds are not countable when receiving them does not require the individual to work.

  1. Montgomery GI Bill, Education Assistance
  1. Income from the Reserve Educational Assistance Program (REAP)
  1. TANF (including Transition, Kinship Care and Post-TANF) and Diversion reimbursements and supplements for these programs
  1. Family subsidy payments
  1. Subsidized Guardianship payments
  1. Foster Care payments
  1. Adoption Assistance payments
  1. Supplemental Food Program for Women, Infants and Children (WIC) and the National School Lunch Program
  1. Supplemental Nutrition Assistance Program (SNAP) benefits and Food Commodities
  1. Utility payment subsidies payable to the family
  1. Vendor payments or payments made to others on the household's behalf, provided that such payments were not directed to the household; (e.g., the payment does not go through the family but to a third party)
  1. Gaming winnings
  1. All dividends and interest from savings and checking accounts
  1. Loss settlement. Disregard only the portion obligated to replace the loss or pay off indebtedness
  1. Assistance to individuals other than wages, under Older Americans Act of 1965, Public law 95-478
  1. Payments received under the Civil Liberties Act of 1988 by American-Japanese citizens displaced during World War II
  1. Payments received under Public Law 101-201 regarding Agent Orange settlements
  1. Radiation Exposure Act Settlements under Public Law 101-426
  1. Allowances paid under Public Law 106-419 to children of female Vietnam veterans who suffer from certain covered birth defects
  1. Income from the Bering Straits Native Corporation (BSNC), which was incorporated as a regional corporation pursuant to the provision of the Alaska Native Claims Settlement Act
  1. Census Income
  1. General Assistance, BIA or Social Services paid by voucher or vendor payment
  1. LIHEAP – Low-Income Home Energy Assistance program
  1. Workforce Investment Act (WIA) - needs-based payments, support services and relocation expenses provided to a caretaker through this program
  1. Tribal Native Employment Works program training allowances
  1. Training stipends provided by private, charitable organizations to a caretaker who is a victim of domestic violence for the caretaker to attend educational programs
  1. Alaska Native Claim Settlement Act
  1. Compensation for jury duty
  1. Federal Emergency Management Agency (FEMA) Disaster payments including Disaster Unemployment Benefits
  1. Payments for Care and Maintenance of Non-Household Member(s) - When monies are received by a child care household for the care and maintenance of a non-household member, the payment that is identified as belonging to the non-household member is excluded if the caretaker can provide documentation that the monies received have been given to provide for the care of the non-household member.

Example #1: A caretaker is receiving child support in the amount of $150.00 per month per child for two children. The caretaker reports one of the children has moved and is residing with a grandparent. The portion of child support for the child who moved (up to $150) that the caretaker gives to the grandparents is not countable income to the caretaker.

Example #2: A caretaker is a protective payee for an adult non-household member who receives SSI. The SSI payment would not be counted as income.

  1. Gift cards and gift certificates
  2. In-store credit/bonus when there is no option to receive wages.
  3. Indian Per Capita
  4. Tribal food coupons
  5. Flexible spending account employee funded - Child Care Assistance program counts gross income therefore the funds put into the account are already accounted for
  6. Contributions by an employer into a medical savings account - employer contributions are not considered income
  7. Contributions by an employee into a medical savings account - the gross income contributions by an employee are already counted as income
  8. Health reimbursement arrangements which are employer funded are not counted as income if the employer contributes to the account

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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